NESTLER-POLETTO REALTY, INC., A FLORIDA CORPORATION, MARK NESTLER AND JOHN POLETTO, APPELLANTS,
v.
KENNETH AND GLORIA KASSIN, APPELLEES

Fla. 4th DCA | 1999-02-17
No. 98-2761
STONE, C.J., FARMER and GROSS, JJ., concur.
730 So. 2d 324 Florida District Court of Appeal, Fourth District (1999) Caution
Cited by 29 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm on the authority of Nestler-Poletto Realty v. Kassin, 730 So. 2d 324 (Fla. 4th DCA February 17, 1999), issued contemporaneously with this opinion.

STONE, C.J., FARMER and GROSS, JJ., concur.


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  • Ocwen Fed. Bank FSB v. LVWD, Ltd., 766 So. 2d 248 (Fla. 4th DCA 2000)
    …So. 2d 889, 892 (Fla. 4th DCA 1996). Contractual arbitration is mandatory only where the subject matter of the controversy falls within what the parties have agreed will be submitted to arbitration. See, e.g., Nestler-Poletto Realty, Inc. v. Kassin, 730 So. 2d 324, 326 (Fla. 4th DCA 1999). Although any doubts regarding the scope of an arbitration clause should be resolved in favor of arbitration, see Federal Vending, Inc. v. Steak & Ale of Florida, Inc., 687 So. 2d 1366, 1368 (Fla. 4th DCA 1997), where the co…
  • Martha A. Gottfried, Inc. v. Paulette Koch Real Est., Inc., 778 So. 2d 1089 (Fla. 4th DCA 2001)
    …eferred method of dispute resolution; therefore, any doubt regarding the scope of an arbitration clause should be resolved in favor of arbitration. See Roe v. Arnica Mutual Ins. Co., 533 So. 2d 279 (Fla.1988); Nestler-Poletto Realty, Inc. v. Kassin, 730 So. 2d 324, 326 (Fla. 4th DCA 1999); Ronbeck Constr. Co. v. Savanna Club Corp., 592 So. 2d 344 (Fla. 4th DCA 1992). Non-signatories may be bound by an arbitration agreement if dictated by ordinary principles of contract law and agency. See, e .g., Thomson-CS…
  • Liberty Commc'ns, Inc. v. MCI Telecomms. Corp., 733 So. 2d 571 (Fla. 5th DCA 1999)
    …is or her right to adjudication, see 9 U.S.C. 2, there can be no waiver in the absence of an agreement signifying assent. McCarthy v. Azure, 22 F. 3d 351, 355 (1st Cir.1994). See also, Nestler-Poletto Realty, Inc. v. Kassin, 24 Fla. L. Weekly D457, 730 So. 2d 324 (Fla. 4th DCA 1999) (general rule favoring arbitration does not support forcing a party into arbitration when that party did not agree to arbitrate). Nonsignatories may be bound to an arbitration agreement if dictated by ordinary principles of cont…

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